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Patna High CourtCWJC/820/2020disposed

Ratan Kumar Thakur, v. The State Of Bihar

2020-02-13Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.820 of 2020 ====================================================== Ratan Kumar Thakur, S/o Late Aditya Kumar Thakur, Resident of Flat No. 534/800, P.S. Shastri Nagar, Rajvanshi Nagar, Distt.-Patna-800023. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Home Department, Government of Bihar, Patna.

2.

Deputy Inspector General cum Chairman Screening Committee, Criminal Investigation Department, Bihar, Patna.

3.

Superintendent of Police (D), Criminal Investigation Department, Bihar, Patna.

4.

Superintendent of Police (A), Special Branch, Bihar, Patna. 5.

Director In-charge, Forensic Laboratory, Bihar, Patna. 6.

Additional Director General, Criminal Investigation Department, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyajeet Pandey with Mr.Jitendra Kumar Pandey, Advts.

For the Respondent/s :

Mr.Sheeo Shankar Prasad ( Sc8 ) with Mr. Sanjay Kumar AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-02-2020 Heard learned counsel for petitioner and learned counsel for the Respondent-State.

The petitioner, who was working in the Police Department in the Forensic Department, has approached this Court complaining that his benefits under the 3rd MA.C.P. has not been paid to him in spite of completing 30 years of service. Learned counsel for petitioner draws attention of the Court towards minutes of the meeting dated 28.08.2018, wherein, the committee examined the claim of various

Patna High Court CWJC No.820 of 2020(2) dt.13-02-2020 2/3 employees in respect of the benefits under the A.C.P./M.A.C.P. Referring to the same, it is pointed out that the Committee found that the petitioner had already competed 30 years on 23.12.2010. The Committee has sought guidelines for making available benefits under the M.A.C.P. since the committee was faced with a difficulty for granting the same in view of the fact that earlier benefit under the 2ndA.C.P. was made available to the petitioner belatedly. If is for this purpose, guidelines have been sought. The petitioner, thereafter, has again approached the Deputy Inspector General-cum-Chairman Screening Committee, Criminal Investigation Department, Bihar, Patna, (Respondent No.2). The copy of the representation is Annexure-6 and bears a receiving dated 30.11.2018.

The issue, therefore, has to be determined by the Respondent No.2 based on the recommendations of the Committee. No adjudication is called for in the instant proceedings. However, it is apparent that the Authorities have not taken any steps in the matter in spite of guidelines having been sought by the Committee as far back as on 28.08.2018.

In the circumstances, the writ petition is disposed off with direction to the respondent No.2 to take a final decision on the petitioner's claim in light of the recommendation of the

Patna High Court CWJC No.820 of 2020(2) dt.13-02-2020 3/3 Committee dated 28.08.2018 and grant the due and admissible financial benefits to the petitioner. The entire exercise should be completed by Respondent No.2 within a period of three (03) months from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J) shyambihari/- U